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MANGIONE v. DIMINO

39 A.D.2d 128 (1972)

Angelo M. Mangione et al., Respondents, v. Frank Dimino et al., Defendants, and Anthony D. Passero et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 25, 1972.

Attorney(s) appearing for the Case

Lines, Wilkens, Osborn & Beck (James A. Reed, Jr., of counsel), for appellants.

Dominick J. Polizzi (David J. Angelone and Angelo G. Faraci of counsel), for respondents.

MARSH, J. P., WITMER, MOULE and HENRY, JJ., concur.

CARDAMONE, J.

At 9:30 P.M. on an August evening in 1969 plaintiffs Angelo and Theresa Mangione, as invited guests, attended a "pool splash party" at the home of the defendants Anthony and Theresa Passero. Shortly after they arrived, the defendants Dimino and Della Fave, also present as invited guests of the Passeros, began to engage in boisterous horseplay attempting to throw Angelo Mangione into the pool while...

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